Weekly litigation report — January 21, 2017

“Cap and Trade” argument set for Tuesday Supreme Court turns down free speech case The public trust doctrine in Washington State Sea urchin filing School choice victories in Florida! School choice brief filed in Georgia Reply brief in Jaguar case … Continue reading

Washington Supreme Court to consider the limits of the public trust doctrine

The Washington State Supreme Court is set to hear arguments next month in Chelan Basin Conservancy v. GBI Holding Co., which is a very important and far-reaching case concerning the public trust doctrine. Broadly stated, the public trust doctrine holds … Continue reading

Weekly litigation report — December 10, 2016

PLF supports freedom to work Overcriminalization and environmental law Good decision in California endangered species case Union trespass onto private property Shorelines and the public trust Department of Labor shenanigans challenge Take home liability PLF supports freedom to work Today … Continue reading

Who owns what on the Indiana shoreline of Lake Michigan?

Earlier this week, the Indiana Court of Appeals offered its view of the long-running battle in that state between property owners on Lake Michigan who expect the law to protect property rights, and the members of the public who demand the right … Continue reading

Setting the town straight on North Carolina beach dispute

The dry beach takings case of Nies v.Town of Emerald Isle, described more fully here, continues to generate debate in North Carolina. Recently, the Manager of Defendant Town of Emerald Isle published an article criticizing the Nies’ s view of the … Continue reading

Weekly litigation report — August 14, 2016

Property rights — California Supreme Court rules on compensation issues Complaint filed in extortionate low-income housing demand Ancient custom of beach driving? Sign ban repealed Endangered species and the green sturgeon Shoreline buffer exactions challenge at the Supreme Court WOTUS … Continue reading

Weekly litigation report — June 17, 2016

Property rights — limits on the public trust doctrine The Washington state court of appeals issued this opinion on the “public trust doctrine” in Chelan Basin Conservancy v. GBI Holdings.  The facts here involved a lake that had been raised 21 feet … Continue reading

President’s weekly report — October 16, 2015

Public trust doctrine in Indiana We filed this amicus brief in Gunderson v. Indiana, a case where the state and local governments are asserting a public trust in land between Lake Michigan’s water line and a new, and largely fictional, … Continue reading

President’s weekly report — July 24, 2015

A complaint that a four-year old could file? We filed this complaint in Oakland’s mandatory art fee case, Building Industry Association of the Bay Area v. City of Oakland.  The premise is simple — the City wants to be more … Continue reading